Posted by Eric Kingsley | Nov 30, 2020 |
A former employee filed a wrongful termination lawsuit against Amazon saying that his employer retaliated against him for enforcing COVID-19 safety protocols, which he was instructed to enforce. According to a news report, Amazon hired the employee as a "Learning Ambassador" at a New Jersey facil...
Posted by Eric Kingsley | Nov 25, 2020 |
Employers often adopt the strategy of laying off employees when finances get tight or when there is an economic downturn. Right now, for example, the coronavirus pandemic has led to numerous layoffs not just here in California, but around the country. However, regardless of the financial position...
Posted by Eric Kingsley | Nov 07, 2020 |
California is an at-will employment state, which means that generally speaking, an employer can fire an employee for any reason and not have to offer justifications for that decision. That said an employer is prohibited from terminating employees for reasons that would be in violation or federal,...
Posted by Eric Kingsley | Nov 06, 2020 |
Under federal law, employers are prohibited from discriminating against employees or job applicants on the basis of pregnancy, childbirth or related conditions. If you believe that your employer has fired you or discriminated against you because of your pregnancy or related conditions, you may be...
Posted by Eric Kingsley | Sep 25, 2020 |
Wells Fargo has agreed to make job offers to 580 applicants and pay $7.8 million in back wages and interest to settle allegations of hiring discrimination by the U.S. Department of Labor. According to a report on Hrdive.com, the allegation stated that the company violated federal law by discrimin...
Posted by Eric Kingsley | Sep 01, 2020 |
Is wrongful termination hard to prove? In California, employment is "at will," which means employers can terminate employees without giving cause or justification and employees can quit their jobs without providing cause or justification as well.
Would you like to see this article as a graphic? V...
Posted by Eric Kingsley | May 26, 2020 |
In 2018, the deduction for unreimbursed employee expenses was eliminated by The Tax Cuts and Jobs Act, which was passed by Congress. Before this law was passed, employees who incurred job-related expenses such as travel expenses were able to list them as itemized deductions on their federal tax r...
Posted by Eric Kingsley | Apr 19, 2020 |
If you are a California worker who has been laid off because of the coronavirus pandemic or any other reason, you may be eligible to collect unemployment benefits. In California, employees who are temporarily out of work may qualify for unemployment. Right now, millions are out of a job in the st...
Posted by Eric Kingsley | Apr 14, 2020 |
The economic impact of the coronavirus pandemic has been devastating not just for California or the United States, but also at a global level.
In the United States, more than 16 million people have filed for unemployment in the last three weeks.
Economists are predicting that at least 20 million ...
Posted by Eric Kingsley | Jan 25, 2020 |
The type of discrimination most people know about is discrimination based on sex, race, national origin, disability, sexual orientation, age, religion, marital status, and pregnancy.
To pursue a claim protesting this kind of discrimination, a person must file a claim with an administrative agency...
Posted by Eric Kingsley | Dec 09, 2019 |
Life isn't always predictable. Be it the birth of a child or being hampered by an illness or disability, workers in California can feel vulnerable and helpless in such situations especially with questions over finances and continued employment hovering over their heads. There are a number of ques...
Posted by Eric Kingsley | Oct 29, 2019 |
If you are a California employer that uses interns, or provides training to individuals that could lead to employment, you run the risk of having these individuals qualify as “employees”. And with “employee” status, it may require you to comply with Labor Code requirements dealing with minimum wa...
Posted by Eric Kingsley | Oct 17, 2019 |
The principles applied when determining whether or not time spent traveling is considered “hours worked” depend upon the kind of travel involved.
Daily Commute
Typical employment requires an employee to commute from home to work, and back home at the end of the workday. The U.S. Department of Lab...
Posted by Eric Kingsley | Oct 15, 2019 |
One of the ways to prove wrongful termination is with an implied contract. When an employer does not abide by the terms of implied or oral contract and terminates an employee without “good cause”, it could be considered wrongful termination and you can take legal action in California.
What is an...
Posted by Eric Kingsley | Sep 08, 2019 |
How is overtime and holiday pay affected by California Prevailing Wage Law?
Under California Prevailing Wage Law, minimum wage standards are regulated for all workers performing on construction projects of $1,000 or more funded in whole or part by public funds.
Wages are based on trade, craft or ...
Posted by Eric Kingsley | Aug 28, 2019 |
California employers should take employee requests for accommodations with extreme care. Whether the request is related to a mental or physical disability there are certain steps employers should take to ensure requests for accommodations are both considered and provided if they are determined to...
Posted by Eric Kingsley | Aug 18, 2019 |
The California Supreme Court issued a landmark decision establishing the presumption that a worker is an employee and not an independent contractor in California unless the employer meets a new three-prong test. In Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, the stat...
Posted by Eric Kingsley | Aug 06, 2019 |
Employment discrimination occurs when an employee or job applicant is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. It is illegal to discriminate in any facet of employment, so workplace discrimination extends beyond hiring and ...
Posted by Eric Kingsley | Jul 24, 2019 |
Race discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their race or characteristics associated with race such as hairstyle, skin color or facial characteristics. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing A...
Posted by Eric Kingsley | Jun 04, 2019 |
Certain behaviors, such as promised promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Behaviors such as those are examples of sexual harassment which is against the law.
California and Federal law generally defines sexual...
Posted by Eric Kingsley | Jun 02, 2019 |
Religious discrimination occurs when an employer treats an applicant or employee unfairly on the basis of their religious beliefs or practices. The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit religious discrimination in the workplace.
Th...
Posted by Eric Kingsley | May 30, 2019 |
Interview Questions That Are Illegal
The Civil Rights Act of 1964, Title VII and the California Fair Employment and Housing Act (FEHA) prohibit employers from asking certain questions while vetting job applicants. These laws are in place, in part, to protect you against sexual discrimination duri...
Posted by Eric Kingsley | May 28, 2019 |
Pregnancy discrimination occurs when an employee or female applicant is treated unfairly due to pregnancy, giving birth, or a medical condition due to pregnancy or childbirth. Every year, thousands of women file pregnancy discrimination charges. To help you, we will provide the basic facts that...
Posted by Eric Kingsley | May 12, 2019 |
When you are a victim of sexual harassment you may feel overwhelmed and unsure of what to do. It is wise to consult an attorney immediately for advice and guidance. California and Federal law protects you; however you must file a complaint within one year of the harassing behavior.
How Long Do I...
Posted by Eric Kingsley | May 08, 2019 |
It is your employer's responsibility to take practical steps to prevent sexual harassment. Whether sexual harassment has already occurred, or an employer does not follow prevention laws, they can be held accountable for their violations.
When Sexual Harassment Occurs
When harassment does occur, t...